Search Results: Torres Strait Islander

This evening, we come together deliberately as people of diverse faiths and none, affirming the blessing of life in an inclusive country where all world views are to be respected. We are able to affirm that our spiritual lives sustain and strengthen our public lives and the vitality of the polis. Our Muslim hosts show us how to give thanks reverently for all the blessings of life, and how to attest publicly the spiritual dimension of all human life. Those of us who are migrants or descendants of migrants need to be particularly attentive to the yearnings and aspirations of those Australians who rightly claim an indigenous heritage with ancestors who have thrived on this continent for up to 60,000 years.

The consultations conducted in Indigenous communities under the auspices and with the financial support of the Referendum Council have yielded a constant message that Indigenous Australians want substantive constitutional change and not just symbolic or minimalist change. The question is: How much should we attempt to put in the Constitution now, and how much should we place outside the Constitution, or delay for constitutional inclusion until another day?

Indigenous leaders this last week have called for the creation of two new legal entities. They want a First Nations Voice enshrined in the Constitution, and a Makarrata Commission set up by legislation. The Makarrata Commission would supervise agreement making between governments and First Nations and engage in truth telling about history. The envisaged destination is a national Makarrata (or treaty). So the immediate constitutional issue is the creation of the First Nations Voice. There is no point in proceeding with a referendum on a question which fails to win the approval of Indigenous Australia. Neither is there any point in proceeding with a referendum which is unlikely to win the approval of the voting public.

Political response has been ambivalent at best, and ambivalence sounds a death knell for mainstream engagement by a tentative public. Turnbull pointed out that any claim must be acceptable to the general public to succeed. In the next breath he discussed the success of the 1967 Referendum. This was disingenuous given the political reality of 67, where there was no case presented for a no vote. After the Uluru Statement, it is now not possible to ignore substantive constitutional reform, or treaty.

An interesting aspect was the shift in the mindset and understanding among non-indigenous Australians regarding Aboriginal rights. To note the way in which one dominating western culture moved toward recognising the rights of another culture that was oppressed by it is quite remarkable. We should consider those aspects of the mentality shift (from both cultures and their understanding of what the 1967 referendum meant) if we are ever to revisit that type of federal movement again.

Next year marks four decades since promulgation of the seminal Declaration of Alma Ata, which declared health to be a fundamental human right and laid the foundations for what are now widely championed as the social determinants of health. Without action on the social determinants, health policy can be a little like that joke about the cyclopean orthopod who, when confronted with a patient suffering fatal internal bleeding, is interested only in fixing their broken leg. So it is with last week's Budget.

The Australian Law Reform Commission inquiry into Indigenous incarceration in Australia recognises and validates widely held concerns. On the other hand, it also represents the abject failure of successive governments around the country to pay heed to what we do know about the incarceration of Aboriginal and Torres Strait Islander Australians, including the failure to implement the recommendations of the Royal Commission into Aboriginal Deaths in Custody.

For many years I felt that by changing the date we might come to a more inclusive national celebration. However the past few years of Indigenous activism have left me cynical. The things we were fighting for decades ago are very similar to the things we're still fighting for. Australia has not acknowledged and rectified its history; rather it seems content to reinforce its amnesia. It's therefore unlikely I will be able to stop protesting this celebration, regardless of the day it's held upon.

The Minister has committed to improving youth detention facilities, the appointment of 100 more staff, and revision of Victoria's youth detention policy. But in doing so, she has sheeted home blame to the former government, and has accused lawyers for the children of pandering to ideology. The government's discourse continues the tough-on-crime narrative rather than acknowledging the causes and contexts of juvenile offending and the consequences of appalling facilities on the youth who are detained.

Indigenous workers of previous generations struggled and undertook strike actions so that their descendants would not be exploited and abused in the same way that they had been. While we may have many more Aboriginal people achieving and attracting higher waged work than we did in the years gone by, the exploitation of the most vulnerable in our community continues. The years may have ticked over, but the government's attitude to the value of Indigenous workers has not.

With idealism and pragmatism, I invite you criminal lawyers in the next 30 years to imagine and enact a better criminal justice system which alleviates rather than exacerbates the devastating effects of colonisation and marginalisation on Indigenous Peoples, and most particularly their children. An intelligently designed criminal justice system must help secure the foothold of Indigenous children in both the Market and the Dreaming.

This is the scandalous state of Indigenous affairs in Australia. Aboriginal and Torres Strait Islander people and their communities literally face a life and death struggle against the state itself. These are not isolated incidents. They represent the intrinsic failure of our society to heed the concerns of communities themselves, and to engage with fellow citizens in a dignified and respectful way. The failure is so grave that state treatment meted out to Indigenous Australians is actively harmful on a large scale.